PENERAPAN SANKSI PIDANA TERHADAP TINDAK PIDANA PENGGELAPAN DALAM JABATAN SECARA BERSAMA-SAMA DAN BERLANJUT (Analisis Putusan Nomor : 411/Pid.B/2019/PN Mks)

Abstract

The background of this research is the existence of regulations in the Criminal Code (KUHP) regarding the crime of embezzlement which are regulated in Articles 372 of the Criminal Code to 377 of the Criminal Code. In this provision it is explained that the existence of rules regarding criminal acts of embezzlement regulated in Articles 372 of the Criminal Code to 377 of the Criminal Code can minimize the occurrence of criminal acts of embezzlement, because the existence of these criminal sanctions can reduce the existence of criminal acts of embezzlement. Also, criminals who are in prison will receive intervention in the form of education from various fields so that after serving their redemption period, it is hoped that criminals can return to live in society and no longer commit acts that violate the law. Therefore, the penitentiary is not only a place to convict someone. But also to foster or educate convicts, so that they have the ability to adapt to life outside the penitentiary. This is in accordance with the objectives contained in Law no. 12 of 1995 concerning Correctional Institutions, in addition to fostering inmates there is also the principle of equality before the law which is given to everyone so that they get equal treatment before the law. The goal is that inmates who have left prison can mingle with community life. This study raises 2 (two) issues related to the crime of embezzlement in office, namely first how the legal considerations of the Panel of Judges in passing a decision on the crime of embezzlement in office jointly and continue in the decision of the Makassar District Court No. 411/Pid.B/2019/PN Mks. Second, how is the application of criminal sanctions against criminal acts of embezzlement in office jointly and continuously in Makassar District Court No. 411/Pid.B/2019/PN Mks. This study uses a normative research method, namely the type of research that examines the principles, norms, rules of law and court decisions. The court decision used in this study is court decision Number: 411/Pid.B/2019/PN Mks related to the case of embezzlement in office jointly and continuously and other materials related to the issues discussed. After the data is collected, the writer then analyze s it using the prescriptive analysis method, which is an analysis method based on the collected data to get clues that ultimately draw conclusions. The results of this study are that in applying the law, the public prosecutor charged the defendant with Article 374 of the Criminal Code, namely embezzlement in office, in which the defendant fulfills the elements of his criminal responsibility, the authors agree with the panel of judges, namely granting the demands of the public prosecutor so that the defendant is declared legally proven and convinced guilty of committing the crime of "Embracement in a position committed by a person who controls the goods because there is a continuous working relationship" as regulated in Article 374 of the Criminal Code. The panel of judges in imposing a sentence of 2 (two) years in prison is considered light from the maximum sentence for the perpetrator of the crime of embezzlement in the position of Article 374 of the Criminal Code which is classified as a crime of embezzlement with weighting with a maximum penalty of 5 (five) years in prison. It is reasonable to suspect that the Judge in imposing sanctions on ONE AGUNG SANJAYA took a middling stance and used the judge's conscience with consideration of seeing the loss by PT. Juvenile Jaya Mobilindo Panaikang Branch and also the amount of money enjoyed by ONE AGUNG SANJAYA. This makes the author assume that the judge's juridical considerations in passing a decision on the crime of embezzlement in office are appropriate and will still be lacking in providing a deterrent effect for the perpetrators of the crime of embezzlement in office.

Keywords : Criminal Sanctions, Embezzlement in Office